(영문) 서울서부지방법원 2016.06.30 2015가단249133

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(영문) 서울서부지방법원 2016.06.30 2015가단249133

임대차보증금 반환 청구 등

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1. The Defendant: (a) from October 31, 2015, the Plaintiff 80,145,694 won, Plaintiff B, and C respectively, and each of them.

Reasons

1. The Plaintiffs asserted that the Defendant leased No. 201 of the second floor on the elevator of the Seoul Mapo-gu Office (hereinafter “instant store”) from the Defendant. Upon the termination of the lease agreement, the Defendant was obligated to restore the instant store to its original state around October 20, 2015. Since the Defendant is obligated to return the balance of the rent and public charges, such as electricity charges, unpaid at KRW 200 million for the instant store’s lease deposit, according to the shares of inheritance, the Plaintiff shall be paid KRW 81,382,561, and KRW 54,25,040, respectively, to the Plaintiff, and the Deceased was granted the lease deposit of the instant store in the name of the Plaintiff. Meanwhile, the Defendant did not return the lease deposit after the termination of the lease agreement of the instant store, thereby causing damage to the Plaintiff and thus, the Defendant is obliged to compensate the said damage.

In regard to this, the defendant asserts that although the defendant has a duty to restore the store of this case to its original state prior to the filing of the claim for return of the lease deposit, the defendant did not collect the households, such as interest and so on, and did not hand over the store of this case without removing the screen, mutual aidr and signboard. Thus, the plaintiff cannot comply with the claim of this case.

2. Determination

A. Possession of the goods on the delivery of the instant store refers to the objective relationship in which it appears to be a factual control of a person under the social norms. For a de facto control, it does not necessarily mean that the goods are physically and practically controlled, but should be determined in conformity with social norms by taking into account the time and spatial relationship with the goods, the principal right relationship with the goods, the possibility of control of another person, etc.

In addition, the lessee transferred the key to the immovables to the lessor.

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